The principles of retributivism suggest that a convicted murderer should be executed because they “deserve” and “have earned” the death sentence. The right of retaliation can only be made equal by balancing of the crime with the punishment even if it is the death penalty. Those opposed to the death penalty argue that on moral grounds, all lives are sacred and killing is always wrong, a society, which kills, is no better than the murderer’s being punished. The Retributivist maintains that the death must be kept free from all maltreatment that would cause suffering to be loathsome or abominable. Punishment and more specifically “Capital Punishment” is a very controversial and sensitive subject.
This argument by Kant shows that offenders will get what they deserve when they commit a wrongful act, but some criminals or murderers don’t really know what is going on, thus they are not deserving of punishment. Kant believes in universalizing the maxims which you act on, hence a murderer has willed that the same thing be done to him which makes the death penalty morally required according to Kant(Kant, pg 240). This shows that Kant is a strong supporter of the death penalty because without it how would we be able to rightfully punish murderers. Therefore all murderers ought to be sentenced to death row and if they are not proven inno... ... middle of paper ... ...idivist murders, in which murderers are given the opportunity to kill innocent people while they are sentenced. Therefore, no matter how you look at it the retributivists have two risks while Bedau only has one.
Whether or not someone is a criminal, the individual is still a human being, which is what Kant fails to recognize. In conclusion, from examining the two articles we can see Kant’s doctrine on crime, punishment, and justice. After a critique of Kant’s perspective, it is shown how Kant’s forms of punishment are a violation of humanity. I believe that capital punishment is a way for society to dispose their unwanted criminals I believe that it is uncivil and inhumane to kill someone regardless of the reason and to physically make them suffer. As humans we should all be given a second chance to correct our mistakes rather than stigmatizing individuals and taking ones fate into our own hands.
Kant holds a strong view that capital punishment is the only form of punishment that is suitable for murder. Kant states, “Criminals should be punished because they deserve to be punished, because they must receive their just deserts. And murderers deserve death, and a just society will punish
Feinburg (1994, cited in: Easton, 2012: 4) says that punishment is “a symbolic way of getting back at the criminal, of expressing a kind of vindictive resentment”. When punishing an offender there are two key principles that determine the kind of punishment. These are the Retributivism response and the Reductivist response. The first principle, Retributivism, focuses on punishing the offence using 'denunciation' where they denounce the crime that has been committed so society knows they have done wrong, and it also uses 'just deserts' where the equity 'eye for an eye' is the main idea. The second principle, Reductivism, believes that deterrence, incapacitation and rehabilitation is the best strategy to use to punish, its aim is to reduce crime and use punishment to serve a purpose.
Certain people will say that it is cruel to resort to this type of punishment while others will say it is very necessary. The system of capital punishment is designed for the protection from the potential threat that the convicted have on society. Dudly Sharp, states that “by executing murderers you prevent them from murdering again and do, thereby, save innocent life” (19). The only way to prevent a person from committing murder continuously after being convicted is punishing them under the same means. This can only ensure the safety of the community.
Also, punishing people is equivalent to using them as a means and not an end, a violation of human dignity. Therefore, deontologists justify punishment by looking at it as a necessary act. We must punish criminals for their wrongdoings in the name of justice. If good consequences come out of it, that is just an added bonus. Arguably the most important aspect for punishing criminals in the eye of a deontologist is that the punishment must be proportionate to the crime.
It is morally right as the when the person is convicted, they must get the punishment. It is opinion of the public to the bad guy without concerning with the outcome of the punishment. This theory also is regarded as the offenders deserve to get the punishment not as to prevent from future wrongdoing . This theory also as the metaphorical to scared the society for not doing the same offense. Richard Swinbume, in his recommendation of retributive punishment, indicated that the state only has authority to impose punishment for criminal harm where it serves as a proxy for the individual harmed.'
Capital Punishment When giving the definition for punishment and atonement, they can be perceived as the same thing. Punishment is ‘’the act of punishing someone or a way of punishing someone’ while atonement is’ ’reparation for an offense or injury. Atonement is more justified way of making right for a wrong doing. The duty of fixing what has been wrong is owed to the person most inflicted by the morally unjustified act. Kant would be in favor of killing the offender who has committed the crime; He believes there is no parallel between death and the most miserable life.
Capital punishment has been the “ultimate” price to pay for criminals over hundred of years. This form of punishment was designed to keep criminals off our streets and to scare people from committing heinous crimes, like murder. Without capital punishment, our society would seem as if it supported the act of murder. Showing that you will lose your life, if you choose to take the life of another, proves how seriously these crimes are taken by society. There are arguments for capital punishment, and there are arguments against it, but what is the best argument for/against having capital punishment?